Bega Cattle Sale-yards Act of 1895 (NSW)

An Act to authorise the purchase of land and erection and maintenance of Cattle Sale- yards by the Municipal Council of Bega, within the Municipality of Bega. [20th November, 1895.]

pality : And whereas it is expedient that such yards should ho WH E R E A S the Council of the Municipality of Bega are desirous of establishing yards for the sale of cattle in the said munici­

established on certain land more specifically described in the Schedule hereto, and it is necessary for such purpose that full power should be given to the Council of the Municipality of Bega to purchase land and erect and maintain thereon suitable buildings and yards, and for such purpose to borrow money by debentures or otherwise secured upon a mortgage of the said property, and of the rates, fees, and tolls to be levied thereat, as in the opinion of the said council may be deemed most expedient, and to charge fees and to make by-laws for the maintenance and regulation of such sale-yards, and to levy fees upon other sale-yards within or adjacent to the said municipality: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. For the purposes of this Act the word " cattle," wherever used, shall be taken to include all horses, mares, geldings, foals, mules, bulls, cows, bullocks, steers, heifers, calves, pigs, sheep, lambs, and goats, or any other live stock.

2. I t shall be lawful for the council of the municipality of Bega to purchase, acquire, and hold the land in the Schedule men­ tioned and described, and to establish yards, and to erect and maintain suitable buildings upon the said land described in the Schedule hereto for the sale of cattle therein.
3. To provide funds for the purchase of the said land, and the erection and maintenance thereon of the said buildings, yards, and premises, it shall be lawful for the said council to borrow any sum of money not exceeding one thousand pounds at a rate of interest not exceeding eight pounds per centum per annum, by debentures or otherwise, secured upon a mortgage of the land mentioned in the Schedule hereto with all usual covenants and powers of sale; and also upon the rates, fees, and tolls to be levied at the said sale- yards, or at other sale-yards as hereinafter provided, or the general revenue of the municipality from whatever source arising, as in the opinion of the said council may be deemed most expedient : Provided that the proceeds to arise from such rates, fees, or tolls, and all other profits accruing from the use of such sale-yards and premises received by the said council shall, after payment of all current expenses incident to the maintenance of such buildings, yards, and premises, be appropriated towards the payment of the principal sum so borrowed and any interest thereon accrued; and an account, to be called the " Cattle Sale-yards Fund," shall be kept by the said council.

4. The said council may from time to time appoint officers and servants and make by-laws for the maintenance, regulation, and management of the said sale-yards and premises, and for the guidance of all persons buying or selling therein or resorting thereto, and for levying fees and charges as hereinafter mentioned, and generally for carrying

carrying out the purposes of this Act. And such by-laws shall clearly set forth what pecuniary or other penalty or forfeiture shall be incurred by any breach thereof respectively: Provided always that no such pecuniary penalty or forfeiture shall in any case exceed the sum of live pounds.

5. All such by-laws shall after approval by the Governor with the advice of the Executive Council be published in the Gazette and in one local newspaper. And the production of the Gazette containing a copy of any such by-laws shall be sufficient evidence in any pro­ ceeding in any court of justice that such by-laws have been duly made and approved in accordance with the provisions of this Act.
6. So soon as any such sale-yards shall be established, and by­ laws approved and published, the said council may demand and take, in respect of any cattle brought to such sale-yards, or yarded in, or brought to any other sale-yards, within two miles of the sale-yards to be erected under the authority of this Act, if such cattle be intended for sale by public auction or private contract, the fees or charges mentioned in the said by-laws : Provided that the fees or charges levied by the said council upon cattle brought to other sale-yards shall not exceed those levied upon cattle yarded in or brought to the sale- yards established under this Act.
7. All sums of money which shall be imposed or made payable, and all penalties and forfeitures incurred under this Act, or any by-laws hereunder, may be recovered at the suit of the said council, or the clerk of the said council before any justice of the peace, under the provisions of the Act or Acts for the time being in force regulating proceedings on summary convictions, and if any such sum of money be not paid cither immediately after the order or conviction, or within the time appointed by such order or conviction, the same shall be levied by distress and sale of the goods and chattels of the offender or person directed by such order to pay any such sum as aforesaid, and on failure of distress shall be enforced in the manner directed by the said Act or Acts, subject, however, to an appeal in the manner pro- vided by the Act or Acts for the time being in force regulating appeals from justices of the peace.

8. This Act may be cited as the " Bega Cattle Sale-yards Act of

1895."

S C H E D U L E .

All t h a t piece or parce l of l and s i tuated at Bega, in t he parish of Boga and comi ty of Auckland, in the Colony of N e w South Wales , conta in ing by admeasu remen t sixteen acres one rood and four teen perches , or t h e r e a b o u t s : Commencing on a lane th i r ty l inks wide a t t he south-west corner of a l lo tment t en of section live ; and bounded on the no r th by p a r t of the sou the rn boundary of t h a t section bear ing eas ter ly seven chains t w e n t y l inks to a l lo tment five ; on the east by t h e wes te rn boundaries of allot­ m e n t s five, six, and seven bear ing souther ly twen ty chains for ty l inks to a road one chain wide ; on the south by tha t road bear ing wester ly e ight chains forty l inks to a l lo tment o n e ; on the west by t h e eas te rn boundary of t h a t a l lo tment and p a r t of a l lo tment two bear ing nor ther ly eight chains e ighty l inks to t he lane aforesaid ; again on the nor th and west by t h a t lane bear ing easter ly th i r ty l inks and no r the r ly eleven chains seventy-five links, to t h e point of commencement ,—being a l lo tments four and e ight of section six of Messieurs Mor t and Mann ing ' s subdivision, and par t of por t ions e ighty-one and eighty- two del ineated in t he public map of the said parish, deposited in t h e office of the Surveyor -Genera l , originally gran ted to R o b e r t Tooth, by two several Crown grants , respectively da t ed the e ighteenth day of December , one thousand eight hundred and fifty-seven.

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